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Candlewood Lake Association, Inc. v. Scott
Ohio Court of Appeals
2001 WL 1654288 (2001)
Candlewood Lake Association, Inc. (Candlewood) (plaintiff) formed in 1972 as a property owners association. The establishment of the association placed several deed restrictions on the property owners’ homes, allowing Candlewood to charge fees for maintenance, water, sewage usage, and other such utilities. The deed restrictions also stated that the restrictions would “run with the land” and would be binding on all parties, including those acquiring title in the future. In 1988, Kermit E. Scott (defendant) received a plot of land from his father, a member of Candlewood. Scott refused to pay the association fees, and as a result, Candlewood brought suit. The trial court ruled in favor of Candlewood. Scott appealed to the Ohio Court of Appeals.
Rule of Law
Holding and Reasoning (Bryant, P.J.)
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